Eric Abetz (Tasmania, Liberal Party) Share this | Hansard source

There are two issues here. One is the issue of reclaiming welfare payments, which was implemented, might I say, in a suboptimal manner by the department. I'm on public record as saying that and I'm also on public record as saying that I helped achieve good outcomes for many of my fellow Tasmanians who had been unfairly targeted by an officious letter and a scheme that was less than consumer-friendly. That said, can I remind Senator O'Neill that this scheme was in fact an add-on to a Labor devised scheme? So, if the honourable senator wants to talk about who implemented the scheme and started it all off, she need look no further than the mirror of the Australian Labor Party.

But the real issue here is not the scheme and the problems it occasioned for far too many Australians but the principle of public interest immunity. That is a principle well and truly established and well and truly accepted by governments of both persuasions—and usually attacked by desperate oppositions. From time to time, my side of politics has fallen into that category as well—regrettably. That is why these matters need to be considered with a degree of maturity and reflection. You have to ask the question: is this a principle that we actually want to undo, a principle which has withstood the test of time? Yes, Senator Patrick spoke for 10 minutes about how good he was with all the cases he's raised and how forensic he's been, but I would just invite him to have a look at a couple of High Court cases. One is Esso and the Commissioner of Taxation and other is Grant and Downs.

I take Senator Siewert's passion in relation to the issue of the reclaiming of welfare payments, but I would invite her and all other honourable senators to divorce that issue from the principle of the public interest immunity. It has served this country and this body politic—and, might I add, not only in Australia but elsewhere as well—exceptionally well. It is something that does protect the rightful business of government, even in circumstances where it frustrates an opposition. That is something where, if you have a mature reflection on these matters, you understand why the principle was established and why attorneys as diverse as former Senator Evans and Senator Brandis have accepted the principal. (Time expired)

Question agreed to.